Carriage of chemicals by ship

Regulations governing the carriage of chemicals by ship are contained in
the International Convention for the Safety of Life at Sea (SOLAS) and the International
Convention for the Prevention of Marine Pollution from Ships, as modified by
the Protocol of 1978 relating thereto (MARPOL 73/78).

The regulations
cover chemicals carried in bulk, on chemical tankers, and chemicals carried
in packaged form.

Both Conventions
require chemical tankers built after 1 July 1986 to comply with the International
Bulk Chemical Code (IBC Code),
which gives international standards for the safe transport by sea in bulk of
liquid dangerous chemicals, by prescribing the design and construction standards
of ships involved in such transport and the equipment they should carry so as
to minimize the risks to the ship, its crew and to the environment, having regard
to the nature of the products carried.

The
basic philosophy is one of ship types related to the hazards of the products
covered by the Codes. Each of the products may have one or more hazard
properties which include flammability, toxicity, corrosivity and reactivity.

The IBC
Code lists chemicals and their hazards and gives both the ship type required to
carry that product as well as the environmental hazard rating.

Chemical
tankers constructed before 1 July 1986 should comply with the requirements of
the Code for the Construction and Equipment of Ships Carrying Dangerous
Chemicals in Bulk (BCH Code) – the predecessor of the IBC Code.

MARPOL Annex II

The Annex
II Regulations for the control of pollution by noxious liquid substances
in bulk define a four-category categorization
system for noxious and liquid substances.

The categories
are:

Category
X: Noxious Liquid Substances which, if discharged into the sea from tank
cleaning or deballasting operations, are deemed to present a major hazard
to either marine resources or human health and, therefore, justify the prohibition
of the discharge into the marine environment;

Category
Y: Noxious Liquid Substances which, if discharged into the sea from tank
cleaning or deballasting operations, are deemed to present a hazard to either
marine resources or human health or cause harm to amenities or other legitimate
uses of the sea and therefore justify a limitation on the quality and quantity
of the discharge into the marine environment;

Category
Z: Noxious Liquid Substances which, if discharged into the sea from tank
cleaning or deballasting operations, are deemed to present a minor hazard
to either marine resources or human health and therefore justify less stringent
restrictions on the quality and quantity of the discharge into the marine
environment; and

Other Substances:
substances which have been evaluated and found to fall outside Category X,
Y or Z because they are considered to present no harm to marine resources,
human health, amenities or other legitimate uses of the sea when discharged
into the sea from tank cleaning of deballasting operations. The discharge
of bilge or ballast water or other residues or mixtures containing these substances
are not subject to any requirements of MARPOL Annex II.

The annex also
includes a number of other requirements reflecting modern stripping techniques, which specify discharge levels of products which have been incorporated
into Annex II. For ships constructed on or after 1 January 2007 the maximum
permitted residue in the tank and its associated piping left after discharge
is set at a maximum of 75 litres for products in categories X, Y and Z (compared with previous limits which set a maximum of 100 or 300 litres, depending
on the product category).

The marine pollution hazards of thousands of chemicals have been
evaluated by the Evaluation of Hazardous Substances Working Group, giving a
resultant GESAMP Hazard Profile which indexes the substance according to its
bio-accumulation; bio-degradation; acute toxicity; chronic toxicity; long-term
health effects; and effects on marine wildlife and on benthic habitats.

As a result of the hazard evaluation process and the categorization system, vegetable oils
which were previously categorized as being unrestricted are now required
to be carried in chemical tankers. The Annex includes, under regulation
4 Exemptions, provision for an Administration to exempt ships certified to
carry individually identified vegetable oils, subject to certain provisions
relating to the location of the cargo tanks carrying the identified vegetable
oil.

Transport
of vegetable oils
An MEPC resolution on Guidelines for the transport of vegetable oils in deep
tanks or in independent tanks specially designed for the carriage of such vegetable
oils on board dry cargo ships was adopted in October 2004. It allows general
dry cargo ships that are currently certified to carry vegetable oil in bulk
to continue to carry these vegetable oils on specific trades. The guidelines
took effect on 1 January 2007.

Consequential
amendments to the IBC Code
Consequential amendments to the International Bulk Chemical Code (IBC Code)
have been adopted, reflecting the changes to MARPOL Annex II.
The amendments incorporate revisions to the categorization of certain products
relating to their properties as potential marine pollutants as well as revisions
to ship type and carriage requirements following their evaluation by the Evaluation
of Hazardous Substances Working Group.

Ships constructed
after 1986 carrying substances identified in chapter 17 of the IBC Code must
follow the requirements for design, construction, equipment and operation of
ships contained in the Code.

Chemicals carried in packaged form

Chemicals which are carried in packaged form or in solid form or in bulk are
regulated by Part A of SOLAS Chapter VII - Carriage of dangerous goods which
includes provisions for the classification, packing, marking, labelling and
placarding, documentation and stowage of dangerous goods.

Contracting Governments are required to issue instructions at the
national level and the Chapter refers to International Maritime Dangerous Goods
(IMDG) Code, developed by IMO, which is constantly updated to accommodate new
dangerous goods and to supplement or revise existing provisions.

The IMDG Code was
developed as a uniform international code for the transport of dangerous goods
by sea covering such matters as packing, container traffic and stowage, with
particular reference to the segregation of incompatible substances. The IMDG
Code includes products considered to be marine pollutants. IMO’s
Maritime Safety Committee decided in principle, at its 73rd session
in Nov-Dec 2000, to make some parts of the IMDG Code mandatory.

MARPOL
Annex III includes regulations for the prevention of pollution by harmful
substances in packaged form and includes general requirements for the issuing of
detailed standards on packing, marking, labelling, documentation, stowage,
quantity limitations, exceptions and notifications for preventing pollution by
harmful substances. For the purpose of Annex III, “harmful substances” are those
identified as “marine pollutants” in the IMDG Code.

The
Convention, when it enters into force, will make it possible for
compensation to be paid out in compensation to victims of accidents involving
HNS, such as chemicals.

HNS are
defined by reference to lists of substances included in various IMO Conventions
and Codes. These include oils; other liquid substances defined as noxious or
dangerous; liquefied gases; liquid substances with a flashpoint not exceeding
60°C; dangerous, hazardous and harmful materials and substances carried in
packaged form; and solid bulk materials defined as possessing chemical hazards.

The
Convention also covers residues left by the previous carriage of HNS, other than
those carried in packaged form.

The
Convention defines damage as including loss of life or personal injury; loss of
or damage to property outside the ship; loss or damage by contamination of the
environment; the costs of preventative measures and further loss or damage
caused by them.

The Convention
introduces strict liability for the shipowner and a system of compulsory insurance
and insurance certificates.

The 2000
Protocol on Preparedness, Response and Co-operation to pollution Incidents by
Hazardous and Noxious Substances, 2000 (HNS Protocol) is based on the International
Convention on Oil Pollution Preparedness, Response and Co-operation (OPRC),
which was adopted in November 1990 and is designed to help Governments combat
major oil pollution incidents.

The Convention
and Protocol are
designed to facilitate international co-operation and mutual assistance in preparing
for and responding to a major oil pollution incident and to encourage States
to develop and maintain an adequate capability to deal with pollution emergencies.